The meeting was called to order by Mayor Young at 7:02 p.m.

The Pledge of Allegiance was given.

The Minutes of the January 9, 2006 Board of Aldermen meeting were submitted for approval.  A motion was made by Alderman Buermann and seconded by Alderman Gatton to approve the Minutes.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Patrick Worzer, with Land Design Services, said that the revised plans show a modification to the site grading whenever 70% of the required green space has a slope of 8% or less as is required by the ordinance.  Per direction of city staff, useable open space has been denoted on the plans.  The 20-foot no-grade zone has been preserved around the back of the property and the western side of the development. 

Alderman Pogue asked what the square footage of the useable open space denoted as Lots 1 and 2 is, and noted that the area is not shown on the plans. 

Alderman Robinson said that the square foot useable open space is still missing on the plans and also the percentage of useable open space.  Mr. Worzer said the percentage is on the plan on the right side where the tabulations are displayed.  He said the 70% ordinance requirement equates to 33,236 square feet, and 34,198 square feet is provided.  The minimum requirement is 70% of the open space.  Of that amount, 72% is being provided as slope factor as part of the ordinance requirement. 

Alderman Robinson said he does not see designated useable open space on Lots 3 and 4.  Mr. Worzer said that the ordinance only requires one area of useable open space.  This is shown on the plan as part of Lots 1 and 2.  Alderman Robinson asked how many square feet of useable open space is in Lots 1 and 2?  Mr. Worzer said this is somewhere in the average of 8,000 square feet.  He said he has not done a development like this in Ballwin, but he has in other areas of St. Louis. 

Alderman Robinson said that the Board is not supposed to approve a development unless it is clear that the development has met the requirements.  He said he doesn’t know how to tell if the requirements have been met if that percent of useable open space is meeting the slope requirements.  Mr. Worzer said that this is available on his electronic drawing files and he will be glad to plot that out in color for the Board.  He said the requirement under the ordinance is to show the tabulation, the area that’s required, and what is being met.  If further verification is required, he said he will do that.  Alderman Robinson said that this is what he prefers before voting on this issue. 

Alderman Robinson asked about a requirement for a traffic study.  Assistant City Administrator Aiken said that impact was reviewed in the report, but a traffic study was not required.  Alderman Robinson said that there are about 12 properties along Clayton Road which are large-lot subdivisions.  He said if six similar developments are placed on two-lot areas, there would be six streets entering into Clayton Road, across the street from where Parkway West enters and exists.  He said he is concerned about accidents at this intersection.  Mr. Worzer said that there is a safe visible site distance from the entrance of the proposed subdivision.  His development is far away from the high school’s intersection.  He said he cannot answer the what-ifs that may happen on Clayton Road.  This is something that the Board and the Planning Commission will have to evaluate as time goes on and how those developments will be considered and approved.  He said that he is not in a position to solve all of the what-ifs.  He said he is doing everything possible to meet the safety regulations that are expected at the entrance. 

Alderman Fleming said that he is also concerned about the traffic.  The most relevant question is that does the plan show the open space and the percentage slope.  Planning & Zoning said that it believes the plan meets code requirements..  He said that Mr. Aiken is satisfied that those questions have been answered.  He asked if there is anything that would prevent the rezoning from taking place? 

Alderman Robinson said that he believes that this will change the character of the surrounding area and that it is spot zoning.  He said that the Board is not limited to what Planning & Zoning has recommended.  He said that the Planning & Zoning Commission made a mistake.  They sent this forward without the proper designation of the useable open space.  He said the ordinance is clear that this and the slope must be designated.

Mr. Worzer said he has met the requirement of the minimum slope requirement as far as the zoning is concerned.  He said he stands behind what this plan is showing. 

City Attorney Lucchesi said that spot zoning generally means that the zoning is out of character with the adjoining areas.  If there was going to be commercial in a residential area, this would be spot zoning. 

Alderman Robinson said that this will adversely affect the value of the surrounding properties.  Mr. Worzer did not agree that he was required to design his subdivision to allow the adjoining property to be similarly developed if the owner desired.  What happens to the eastern property is anyone’s guess.  He said there are good people on staff and on the Planning & Zoning Commission to evaluate and make recommendations for any future development of adjoining properties. 

Alderman Pogue said that there is no indication on the plan what the square footage is of the open useable space.  He said he would like to see these calculations shown.  Mr. Worzer said he will provide that information. 

Todd Brady, representing California Homes, updated the status of the easement plat and contract.  He said that 2 weeks was not enough time for the attorney and surveyor to complete the documents.  He presented the documents to Trustee Scott Grubin on Saturday, and Mr. Grubin will meet with Jim Lucchesi and Ray Powers this week and give feedback.  From that standpoint, it’s not signed to present at this meeting.  He expects to have this at the February 13 meeting.

Alderman Robinson said that there are people in the subdivision that don’t know anything about this.  Mr. Brady said that Mr. Powers tried to notify everyone. 

Alderman Lembke said that he is frustrated because the letter that was sent by the Wildwood Trustees on October 25, states that the City of Ballwin and the City and Village Tax office have found nothing to prevent this.  Alderman Lembke said that the City of Ballwin did not look at their indentures, and the City and Village Tax office does not look at or make any recommendations or comments.  This information is not correct and is misleading. 

Alderman Robinson said that this gives the impression that Ballwin has signed off on a plan that the Board has not seen.  Ballwin does not give legal opinions as to compliance with the indentures or other contractual obligations.  Mr. Brady said that the letter was not meant to say that the Board was approving the plan, but that there wasn’t anything in their trust indentures that couldn’t keep these lots from being subdivided.  Alderman Lembke said that this is not what the City of Ballwin has said.  We don’t make those recommendations or policies. 

Alderman Lembke asked if the Board needs to respond to the letter and tell the people that Ballwin did not review their indentures and do not know about this.  This is something that is going to affect their subdivision.

Mr. Brady asked if Alderman Robinson had a chance to read through the trust indentures.  Alderman Robinson said he did, but it would be improper for him to give a legal opinion.  He said he is not sure if the Trustees have the authority to transfer easement rights.  The letter says the City has signed off on this but that’s not true.  There are questions about useable space, slopes, character of the neighborhood, and spot zoning.  The letter is supposedly going out to homes saying that the City has signed off on this.

City Attorney Lucchesi said that if the City wants to send out a letter saying that the letter in question was false, that would be okay. 

Alderman Fleming said that he thinks that Mr. Worzer and Brady should be given a list of specifics to bring back at the next meeting.  City Attorney Lucchesi said that there either should be a majority vote to hold it over or it has to be voted on. 

Alderman Gatton said that they have not met the requirements that were set two weeks ago.  A legal document with signatures was requested but has not been received.  Mr. Brady said that he has the agreement and as soon as the signatures have been obtained, it will be presented. 

A motion was made by Alderman Robinson and seconded by Alderman Suozzi to hold over Bill # 3391 until the requested items have been received for review by the Board. 

Alderman Lembke asked what are the requested items.  Alderman Robinson said the items are the easement contract, clarification of the plans to know where the open spaces are, how big they are, and what percentages of the required areas meet the required slope. 

Alderman Fleming said that the easement pertains to Bill # 3392 which is not being considered with this motion.  Alderman Robinson said that he wants shown the square footage of the useable open space with the slope computation.  Mr. Brady said that there is an indicator on the drawing that shows the open space.  He said that in part of Lot 1 and 2, there is 6,000 square feet that meets the slope requirement. 

Assistant City Administrator Aiken said that he doesn’t have any reason to believe that what they have shown doesn’t meet the requirements of the ordinance.  The useable open space area is in excess of 6,000 square feet.  He said he has not measured and verified this himself but he believes that it meets the 6% slope requirement.  He said a project of this size is required to have one useable open space area.  The requirement is 15% of the total site as open space.  Open space is defined as anything that’s not covered with a building or pavement.  The plan is well in excess of 15%.  Of the 15%, 70% cannot have a slope in excess of 8%.  Mr. Brady said they meet that requirement.  Mr. Aiken said that they seem to comply with the requirements, although there isn’t a notation that specifically stipulates exactly how big the useable open space area is.

Alderman Suozzi said that this is being held over for the signed contract. 

A voice vote was taken with a unanimous affirmative result and the motion passed to hold over Bill # 3391 until the February 13, 2006 Board meeting.

BILL # 3392 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR CLAYTON VALLEY ESTATES SUBDIVISION, AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

City Attorney Lucchesi said that the blank amount for the letter of credit in this legislation was not previously discussed. 

Mr. Brady said that if the rain garden is constructed and if it doesn’t work, a storm sewer will have to be installed across the common ground at a later date.  City Attorney said that a dollar amount should be included even though the plans are not complete.  The Board agreed to $15,000 for the letter of credit to replace the rain garden with conventional storm water control.  Mr. Brady asked if there is wording that says that if they end up not doing the rain garden and connect the storm sewer into the swale on the common ground, that there’s no requirement for escrow at that point?  City Attorney Lucchesi said that it is not, but he will add this.

A motion was made by Alderman Fleming and seconded by Alderman Lembke to hold over Bill # 3392 until the February 13, 2006 meeting.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Mayor Young asked that a copy be sent to the petitioner so that it can be read before coming to the meeting on February 13.  

John Kennedy, 14694 Clayton Road, asked about the vegetation to be planted relating to the Clayton Valley development.  He also asked what will happen if the new construction doesn’t sell with $800,000 homes in the area.  He said he will do research on the rain garden concept.  He is concerned about the water runoff issue that this will affect the property values. 

Mayor Young said that escrows will help meet the guidelines.  Regarding the Henry property and why it isn’t moving, he said there is another outside factor that may be causing sales problems.  He said a lot of people may be concerned about buying something where there’s going to be a retail building right behind them.  Someone doesn’t want to spend ½ million dollars for a 2-bedroom unit and find out that TARGET is in their back yard.  He said this is being worked on and there is movement on this that will be announced in the next few weeks.

Alderman Robinson said that the development was started before the publicity regarding the Lucient property in Town & Country and they still didn’t sell.  He said it is not proper to speculate that the reason they are not selling is because of questions relating to the Town & Country development.  He said there is a development of attached homes on Baxter in Manchester.  There’s nothing going on in that subdivision.  The development of attached homes in Wildwood Subdivision guaranteed that the work would begin immediately after it left this Board, but no building or grading has started.  If this development doesn’t sell, it could become scraped off land.  This could affect the surrounding area property values and create water runoff issues. 

Karen Kennedy, 14694 Clayton Road, said that she received the letter and didn’t think the Trustees could make this kind of decision for the residents. 

Patrick O’Driscol, 549 Ivywood, said that the Trustees should not sell property that does not belong to them.  He said it belongs to the people who own the homes.  He said he has lived in the subdivision for 31 years and has never seen any notices of meetings, except for the zoning on the Hill Trail Bath & Tennis Club.  Mayor Young said that this is not something that Ballwin officials can decide.  This Board does not control subdivision indentures. 

Alderman Lembke said that the discussion is not about selling the land.  He said this is about creating a legal easement to allow for storm water removal.  The land is not going to be sold.  This will only allow someone to use it to either bury a pipe or put in a rain garden drainage system that won’t dramatically affect the use of the land on top.  They are not able to sell it and this is not what they are asking to do.  He said that Mr. O’Driscol should contact the Trustees to discuss this. 

Mark Penn, 411 Gillham said that he is against the rezoning of 410 Gillham Court.  He said the subdivision indentures state that all properties on Gillham Court are to have a minimum frontage of 100 feet.  By dividing this lot, the nature of the street will be destroyed.  He asked the Board to prohibit the Mannings from tearing down and building these two homes in two phases.  This will unreasonably extend the construction time on this property.  He proposed that both homes be built at the same time to reduce the construction time.  He said that having a disabled son creates complications, but it does not entitle the petitioners to unreasonably disadvantage the rest of the street.  The Mannings have chosen to pursue this course of action to subdivide and rebuild.  They should bear the bulk of the associated inconvenience of doing this.  He said that Alderman Lembke should abstain from voting on this issue because of his personal relationship with the Mannings and his endorsement of their plans.  He said it has become apparent that he is not able to fairly represent the constituents on this matter.  This relationship has impeded his ability to fully represent all of his constituents.  The duty of alderman should take priority and requested that he abstain from voting. 

Alderman Lembke said that he has gone to each household on Gillham Court, with the exception of Mr. Penn’s and the Cases, and has asked the people about this issue.  He said the majority of the people don’t care or are in favor of this.  The issue of the Indentures was taken to court and the Mannings won.  Alderman Lembke said that this Board is obliged to abide by the court ruling.

Alderman Lembke said that he is stating publicly that he has no financial interest in the Manning’s property.  He has no opportunity to gain financially nor is she in any way financially obligated or involved with this.  He asked City Attorney Lucchesi with this being said, is there a need for him to excuse himself from voting.  City Attorney Lucchesi said that there would be no conflict of interest under Missouri statutes.  Alderman Lembke said that based on representing all constituents in Ward 4, and more specifically the majority of the people he talked to on Gillham Court, as well as the majority in Deer Creek that he talked to, they have indicated that they see no problem with this, and he is not obligated to excuse himself.  City Attorney Lucchesi said that’s correct.

None.

BILL # 3395 - AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCE OF THE CITY OF BALLWIN ENTITLED OFFENSES AND MISCELLANEOUS PROVISIONS BY BRINGING CERTAIN SECTIONS INTO COMPLIANCE WITH STATE LAW.

Mayor Young asked if it is acceptable under State law to increase these fees without approval of the voters.  City Attorney Lucchesi said that these are in accordance with State law.  These are not taxes.

Alderman Lembke said that these are not fines.  These ordinance changes establish the dividing line between a misdemeanor and a felony.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a first reading of Bill No. 3395.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3395 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Gatton for a second reading of Bill No. 3395.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3395 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3395 with the following results:  Ayes – Pogue, Robinson, Suozzi, Fleming, Gatton, Terbrock, Lembke, Buermann.    Nays – None.  Whereupon Mayor Young declared Bill No. 3395 approved and it became Ordinance No. 06-05.

BILL # 3396 - AN ORDINANCE AMENDING CHAPTER 14, ARTICLE VI, BY AMENDING THE TITLE OF THE ARTICLE AND ADDING A NEW SECTION 14-295 ENTITLED “TEMPORARY SALES IN RESIDENTIAL ZONING DISTRICTS.”.

A motion was made by Alderman Gatton and seconded by Alderman Lembke for a first reading of Bill No. 3396.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3396 was read for the first time.

Alderman Gatton said that this legislation is to stop the continuous display of items for sale in residential aeas.  City Attorney Lucchesi agreed.

A motion was made by Alderman Suozzi and seconded by Alderman Pogue for a second reading of Bill No. 3396.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3396 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3396 with the following results:  Ayes –Fleming, Gatton, Suozzi, Robinson, Terbrock, Buermann, Pogue, Lembke.    Nays – None.  Whereupon Mayor Young declared Bill No. 3396 approved and it became Ordinance No. 06-06.

BILL # 3397 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A SUBDIVISION PLAT FOR  DEER CREEK LOT 108 (also known as 413 Gillham Court), AS PROVIDED IN CHAPTER 25 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN, MISSOURI.

A motion was made by Alderman Buermann and seconded by Alderman Gatton for a first reading of Bill No. 3397.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3397 was read for the first time.

Alderman Suozzi asked if there is any control over the timing of the building.  Assistant City Administrator Aiken said there is nothing in the Code other than the time of validity of the building permit.  Once the permit is issued, the construction must be initiated within 6 months and completed within one year.  Extensions are sometimes granted for cause

Alderman Gatton said that it is his understanding that this Board does not acknowledge or enforce subdivision indentures.  Regardless of what the court position had been, is this something we acknowledge?  City Attorney Lucchesi said this is not 100% accurate.  Normally they check to be sure that whatever came in would be in accordance with the indentures of the subdivision.  If the court said that the indentures are to be interpreted in a certain way, if this meets that interpretation, there’s no grounds due to a court decision has been rendered.  We are normally more concerned about the zoning ordinances rather than the indentures.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3397.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3397 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3397 with the following results:  Ayes –Fleming, Pogue, Buermann, Gatton, Robinson, Suozzi, Terbrock, Lembke.   Nays – None.  Whereupon Mayor Young declared Bill No. 3397 approved and it became Ordinance No. 06-07.

BILL # 3398 - AN ORDINANCE REGULATING ADULT ORIENTED BUSINESSES AND ADULT SERVICE PROVIDERS IN THE CITY OF BALLWIN BY AMENDING CHAPTER 14 BY THE ADDITION OF A NEW ARTICLE IX ENTITLED “ADULT ORIENTED BUSINESS AND ADULT SERVICE PROVIDERS.”.

Alderman Robinson announced that he is abstaining from all discussion and voting on this proposed legislation due to his clients that may put him in conflict with this legislation.

A motion was made by Alderman Gatton and seconded by Alderman Buermann for a first reading of Bill No. 3398.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3398 was read for the first time.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3398.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3398 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3398 with the following results:  Ayes –Gatton, Lembke, Pogue, Suozzi, Terbrock, Buermann, Fleming.  Abstaining – Alderman Robinson.  Nays – None.  Whereupon Mayor Young declared Bill No. 3398 approved and it became Ordinance No. 06-08.

Alderman Fleming requested that this item be held over to the February 13 Board of Aldermen meeting for further discussion regarding future finances.

A motion was made by Alderman Fleming and seconded by Alderman Lembke to hold over voting on approval of the Consent Item until the February 13 meeting.  A voice vote was taken with 7 yes votes, and Alderman Terbrock voting Nay.  The motion passed.

Appointments:  Mayor Young recommended appointment of Anna Hunter from Ward 2 to complete the term of Tim Reisel to the Planning & Zoning Commission.  A motion was made by Alderman Suozzi and seconded by Alderman Buermann to approve this appointment. 

Mayor Young said that the person he was going to recommend in Ward 4 for Planning & Zoning will be unavailable. Aldermen Gatton and Lembke will search for a replacement.  Mayor Young said that he believes the position must be filled with a resident from Ward 4.  Alderman Robinson disagreed, and City Attorney Lucchesi said he will review the language of the Planning & Zoning ordinance to determine if the ward of residence of the chairman can/should be counted toward the ward representation requirements.

Fine Arts Commission:  Mayor Young said that there are 3 positions open.  These people do not have to be residents.  City Administrator Kuntz said that a letter of intent and explaining their qualifications for the position will be helpful in filling these positions with qualified people. 

Alderman Lembke requested a proclamation be prepared in recognition of the Police Department in the CERT program. 

House Bill 816 – Southwestern Bell:  Mayor Young said the West County Chamber has endorsed this bill which is regarding Southwestern Bell creating a gross receipts tax state-wide.  The Chamber asked for the City’s opinion on this issue.  He said that he and City Administrator Kuntz spoke against this legislation, but the Chamber proceeded to endorse this legislation.  The State Chamber has endorsed this and now the West County Chamber has also done this, in spite of the local direction of the City of Ballwin.  He said, for the record, the Chamber asked for our opinion and then chose to ignore it.  On February 22 and 23, the Municipal League will meet with the Legislature in Jefferson City.  He said he will attend both days.  Alderman Buermann will represent Ballwin at the Chamber luncheon. 

Wholesale Liquor License – 616 Garden Leaf Ct.:  City Administrator Kuntz said that the paperwork is in order and there are no issues with the Police or Administration.  This license is issued prior to the State license.  Mr. Theodoro is proposing to legally sell out of his house as a manufacturer’s rep would do as permitted by the State of Missouri.  People are not going to come to his house to purchase liquor. 

Alderman Gatton asked what is considered a small amount of liquor.  Mr. Theodoro’s responded that he would store no more than a pallet of inventory at one time.

Alderman Robinson asked if Mr. Theodoro’s subdivision has indentures that prohibit a homeowner from operating a business out of their home.  Mr. Theodoro said he does not know.  He didn’t look into this.  Alderman Robinson said he does not want to approve this if the subdivision indentures are not in agreement.  He asked City Attorney Lucchesi if this can be used to deny the request.  City Attorney Lucchesi said that the court wants both to be in agreement.  City Administrator Kuntz said that this is the first step in the process.  Any subsequent denial would negate the approval at the local level.  All licenses have to be obtained or they cannot operate.  Alderman Robinson asked if voting on this could be held over until a copy of the indentures were obtained for review.  City Administrator Kuntz asked if the City should start evaluating private indentures on applications.  Alderman Robinson said he does not want to approve something that the subdivision indentures say is not permitted.  City Administrator Kuntz said that this is not approving but issuing a local liquor license subject to subsequent approvals by other applicable agencies.  Alderman Robinson disagreed saying that this is not subject to state or county approval.  He said he does not want to approve this if the subdivision trustees and indentures say that he cannot operate a business in the subdivision.  City Administrator Kuntz said this is a wholesale operation and not a retail establishment.  Mr. Theodoro said he will be operating the wholesale business out of the home, but everything is done by computer and the phone.  He said no customers will be coming to the home.  Alderman Suozzi said there is no difference between this kind of business and someone who is a marketing representative.  Alderman Fleming said that the Board can approve or not approve based on the Ballwin ordinance.  He said we don’t have the authority to get involved with anything else.  This appears to be in keeping with the ordinance.  Alderman Pogue agreed and said that Police Chief Biederman does not have any concerns with this business. 

A motion was made by Alderman Pogue and seconded by Alderman Terbrock to approve the wholesale liquor license at 616 Garden Leaf Ct..  A voice vote was taken with a unanimous affirmative result and the motion passed.

Site Improvement Inspection Fees:  City Administrator Kuntz said that this is a revenue enhancement suggestion that is relative to reasonable cost recovery.  These new fees will apply to developments where Public Works inspections are necessary for site improvement construction.  Legislation is required to move forward on this. 

A motion was made by Alderman Terbrock and seconded by Alderman Lembke to draft legislation  A voice vote was taken with a unanimous affirmative result and the motion passed.

Rec Fees:  City Administrator Kuntz said that Parks Director Bruer has recommended several fee adjustments to maximize revenue potential while improving market share in this competitive environment. 

Alderman Lembke said that the Single Plus One has brought additional memberships and revenue and has not taken away from our full family membership.

Alderman Fleming said that right now there are no fees to use the baseball or soccer fields.  It’s reasonable to charge $25 for the seasonal use of these fields. 

A motion was made by Alderman Terbrock and seconded by Alderman Lembke to draft legislation  A voice vote was taken with a unanimous affirmative result and the motion passed.

Work Session:  City Administrator Kuntz reminded the Board of the Financial Planning Work Session on Monday, January 30, at 6:30 p.m. at this location.

Closed Session – Real Estate:  City Administrator Kuntz said the closed session will follow this meeting to discuss real estate.

None.

News Media/Minutes:  Alderman Robinson said there was an article in the newspaper where some members of the Board were misquoted from the January 9 meeting.  There were no members of the Press in the room when the comments were made.  He asked how could the Press quote anyone if they were not in the room.  Alderman Terbrock said he has the same question about previous meetings.  Alderman Robinson asked if members of the Board are being asked what happened and they are getting a second or third hand quote.  City Administrator Kuntz said that the Draft Minutes have been given out upon request and based on the advice of the City Attorney.  Those are not official Minutes.  The Minutes are very clearly designated as draft and unofficial.  Alderman Lembke said, for the record, he has not talked to any members of the Press or Police in the last 6 months.  Alderman Fleming asked, after the last meeting, did anyone from the Press ask to hear the tapes for the exact quotes?  He said the exact quotes are not in the Minutes.  City Administrator Kuntz said that Mary Shapiro with the Press Journal calls Marie and requests the draft minutes.  Board Recording Secretary Marie Clark said that the tapes are not available due to the process for preparing the Minutes.  An unofficial draft of the minutes is provided including the statement that the Minutes are unofficial and subject to amendment and correction until approved by the Board at the next meeting.  Alderman Robinson said he is very concerned about this and being grossly misquoted.  City Administrator Kuntz said that he had the understanding that we are doing what is allowed and required by law.  Alderman Robinson said that fabricating quotes is not acceptable and is promoting false information. 

A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn to closed session to discuss real estate.  A roll call vote was taken with the following results:  Ayes: 

Aldermen Pogue, Lembke, Terbrock, Gatton, Buermann, Fleming, Suozzi, Robinson.  Nays – None.

The motion passed to adjourn to closed session at 9:20 p.m.

The Board convened in closed session at 9:25 p.m.

A motion was made by Alderman B and seconded by Alderman S to adjourn the closed session.  A roll call vote was taken with a unanimous result, and the closed session was adjourned at 9:42 p.m.

The Board reconvened in open session at 9:43 p.m.

Mayor Young announced that the Board met in closed session to discuss real estate.  No votes were taken.

A motion was made by Alderman Buermann and seconded by Alderman Gatton to adjourn the open session.  The motion passed unanimously and the meeting was adjourned at 9:48 p.m.

Walter S. Young, Mayor

ATTEST:

Robert A. Kuntz, City Administrator

MC